St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22


or prosecuted, to aid in the prosecution OF the
same to final Issue upon the request OF such
commission Said commission are hereby
authorized, when the facts i'll any given
shall in their judgment warrant, to employ
any and all additional legal counsel that
they may think proper. expedient and
any county attorney in the conduct and
prosecution of any suit they may deter
mine to bring under the provisions of this act,
or of any law OF this state
SEC. 10. (a) That the commission hereby
created shall have authority to inquire into the
management of the business OF all common car
riers subject to the provisions of this act, and
shall keep itself informed as to the manner and
method in which the same is conducted, and
shall have the right to obtain from such COM
mon carriers full and complete information,
necessary to enable the commission TO perform
the duties and carry out the objects for which it
was created; In order to enable said commits
sioners efficiently to perform their duties under
this act, it is hereby made their duty to cause
one Of their number to visit the various stations
on the lines OF each railroad as often as practi-
cable, after giving twenty days notice of such
visit and the time and place thereof in the local
newspapers, and at least once in twelve months
to visit each county in the state in which
is or shall be located q railroad station
and personally inquire into the manage
ment of such railroad business, and for this pur-
pose, all railroad companies and common car
riers, and their officers and employees. are re-
CURED to aid and furnish each member of the
railroad and warehouse commission with reason
able and proper facilities, and each one all of
| the members of such commission. and their as
sistants shall have the right in his their Of
fetal capacity, TO pass freeon any railroad trains
on all railroads in this state, and to enter and
remain in at all suitable times any and all cars
offices or depots, or upon the railroads of any
railroad company, in this STATE in the perform
ance of official duties; and whenever, in the
| judgment OF the commission it shall appear that
| any common carrier fails in any respect or par
ticular TO comply with the laws OF this state or
whenever in their Judgment, any repairs are
| necessary upon its railroad. any addition to
or change Of it's stations or station houses is
necessary, or any change in the mode OF operat-
ing its road or conducting its business is reas-
| enable or expedient in order to promote the
curity, convenience, and accommodation OF the
public said commission shall inform such rail-
| writing, to be served as a summons in
| civil actions is required to be served by
the statutes of this state, in actions against
corporations, certified by the commissions clerk
or secretary, and if such common carrier shall
neglect or refuse to comply with such order,
then the commission may, in it's discretion,
| cause suits proceedings to be instituted to
| enforce It's orders as provided in this act.
| SEC II. (a) That in case any common carrier,
| subject to the provisions OF this act. shall do,
cause to be done, or permit to be done. any act
or thing in this act prohibited, or declared to be
unlawful, or shall omit to do any act, matter or
| thing in this act required to be done, such COM
mon carrier shall be liable to the person or per-
sons, party or parties injured thereby, for the
full amount of damages sustained In conse-
quence of any such violation of the provisions
| of this act, together with reasonable counsel
| OF attorneys fee to be fixed by the court in
every case of recovery, which attorney fee shall
be taxed and collected as part of the in the
| case.
| (b) That am person or persons, party OF
parties claiming to be damaged by the action or
non-actlon of any common carrier, subject to the
provisions OF this act, may either make
com plant to the commission, as hereinafter
provided for or may bring suit in his o. their
behalf for the recovery CT the damages for which
! such common carrier may be liable under the
| provisions OF this act, in any district court of
| the state, of competent Jurisdiction; but such
| person or persons shall not have the right to
| pursue both of said remedies 1T The same time.
| (c) In any such action brought for the re-
| covery of damages the court before which the
| same shall be pending may compel any director,
I officer receiver. trustee or agent of any corpora
| ton or company, defendant in such suit, TO at
tend, appear and testify in such case, and may
compel the production OF the books and papers
of such corporation or company. party to any
| such suit; the claim. that any such testimony or
evidence may tend to criminate the person Civ
ing such evidence shall not excuse such witness
from testifying, but such evidence or testimony
shall not he used against such person the rial
4 of any criminal proceeding
SEC. IL. That any common carrier, subject
to the provisions OF this act, whenever suci,
common carrier is a corporation, any director or
officer thereof, or a1y receiver, trustee, lesse
I agent or person acting for OF employed by such
| corporation who. alone or with any other cor
poration, Iany, person or party, shall will
fully do or cause TO be done, or shall willfully
suffer or permit 20 be dO"e, any act, matter or
thing in this act prohibited declared to be
shall willfuly omit or fail to do any act, matter
or thing in this act reGuiSad tosbe done, shall
causeor willingly suifefTr permit any act. mat :
ter or thing so directed or required by. this act
| to be DONE not to be so done orshalt aid or abes
any such omission, shall be guilty OF any
w1lful infraction of this act, or shall aid or abet
therein, shall! be deemed guilty of violation of
| the provisions this act and shall, upon convic-
ton thereof in any district court of the state
within the jurisdiction of which such offense
| was committed, be subject to a penaty7of not
less than two thousand five hundred dollars or
more than Eve thousand dollars for the first
offense, and not less than five thousand dollars
or more than ten thousand dollars for each SUBJ
| segment offense.
SEC. IS. (a) That any person, firm, corpora
ton or association, Or any mercantile, asricult-
ural or manufacturing society, any body
polite or municipal organization, complaining
of anything done or omitted to be done by any
common carrier, subject to the provisions of
this act, in contravention of the provisions
thereof may apply to said commission by petit
tion, which shall briefly state the facts.
tb) Whereupon statement of the charges
thus made shall be forwarded by the commits
sion to such common carrior, who shall be called
| upon to satisfy the complaint or to answer the
same in writing within reasonable time, to be
carrier, within the time specified, shall make
reparation for the injury alleged to have been
done, said carrier shall be relieved of liability
to the complainant only; for the particular vio-
| lation of law thus complained of. If such car
rier shall not satisfy the complaint within the
! time specified, or there shall appear to be any
reasonable ground Tor investigating said COM
plant, it shall be the duty of the commission
summarily to investigate the matter COM
planned of in such manner and by such
means as it shall deem proper. No
complaint shall at any time be dismissed be-
cause Of absence of direct damage to the COM
plainant. And for the purposes of this act the
commission shall have power to require the at
tendance Of witnesses and the production of all
books, papers. contracts, agreements and docu-
ments relating to any matter under investiga-
ton and to that end may invoke the aid of any
of the courts of this state in requiring the at
Tendance of witnesses and the production of
| books papers and documents under the pro-
visions OF this act.
c) Any of the district courts of the state with
| in the jurisdiction of which such inquiry is car
ried on shall, in case Of contumacy or refusal to
obey a subpoena issued by the commissioners to
any common carrier, subject to the provisions of
| this act, Or when such common carrier is cor
poration, to an officer CT agent thereof, or
to any person connected herewith II
of such commission as plaintiffs, issue
an order requiring such common carrier, officer
or agent or person to show cause why such con-
| tumacy OF refusal should not be punished as and
for contempt, and If upon the hearing the court
finds that the inquiry is within the jurisdiction
| of the commission, and that such contunacy or
| refusal is willful and the same is persisted in,
| such conIumacv or refusal shall be punished as
though the same had taken place in an action
pending in the district court for any judcia!
| testimony or evidence may tend to criminate
the person giving such evidence shall not excuse
SuCn WlJneSS from GeSN1IylnS, DuG Sucn evidence
or testimony shall not be used against such per-
son on the trial of any criminal proceeding.
SEC. IA. (a) Whenever an investigation shall
| be made by said commission it shall be its duty
to make its report in writing in respect thereto,
| which shall include the findings of fact upon
| which the conclusion of the commission are
based together with its recommendation as to
what reparation, il any. should be made by the
common carrier to any party or parties who may
be found to have been injured: and such find
ngs so made shall Thereafter, in all judicial pro-
ceedings, be deemed prima facie evidence as to
| each and every fac5 found. All reports of inveS-